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Personal Injury
Auto v. Auto
Intersectional Collision

Joanne J. Russell; Michael Russell v. Alex Louhenapessy; Wells Fargo Armored Service Corporation

Published: Feb. 21, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 760723 Verdict –  $325,000

Judge

C. Robert Jameson

Court

Orange Superior


Attorneys

Plaintiff

Darren O. Aitken
(Aitken Aitken Cohn)


Defendant

Ric C. Ottaiano


Experts

Plaintiff

Kendall S. Wagner M.D.
(medical)

Tom D. Thomas
(medical)

Wayne H. Lancaster
(technical)

Defendant

Edward L. Workman
(technical)

Facts

On Nov. 14, 1995, plaintiff Joanne J. Russell, a 33-year-old corporate vice president, was driving in the City of Lake Forrest when defendant, driving a Wells Fargo armored vehicle, ran a red light and hit plaintiff who was travelling at approximately 45 mph. The plaintiffs, husband and wife, brought this action against defendant based on a negligence theory of recovery. Liability was admitted.

Settlement Discussions

At the time of trial, defendants offered $250,000 to settle both claims, with the indication that an increased offer of $300,000 was possible. Plaintiffs' final offer was $425,000 to settle both claims.

Specials in Evidence

$75,000 $10,000 $10,000 to $60,000 (per plaintiff); $150,000 (per defendant). According to defendant, plaintiffs requested an award in excess of $1.2 million for both claims Disputed

Other Information

The verdict was reached approximately one year and 10 months after the case was filed. EXPERT TESTIMONY: Plaintiffs' expert, Dr. Kendall Wagner, an orthopedic surgeon, testified that the knee condition would continue to worsen and plaintiff would eventually require another, more serious, knee surgery or a complete knee replacement.

Deliberation

one day

Length

three days


#125842

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